Design Build Fixed Price Proposal Form

8/7/2019 Design Build Fixed Price Proposal Form

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01.2009 1

Fixed Price for Design and Construction ProposalProject Name: Sample HS HVAC, Ceiling Lighting Project No.: 411-XXX

Renovations & Roof Replacement RFP Date: Month XX, 2009DeKalb County Board of EducationSam A. Moss Service Center1780 Montreal RoadTucker, Georgia 30084Gentlemen:

In compliance with your Advertisement for Sealed Proposals and the Request forProposal, the undersigned Design/Builder,

ABC Constructiion Company, Inc. , [legal name of Design/Builder]

123 Montreal Road, Suite 1750

Stone Mountain, GA 30083 , [address of Design/Builder]

770-3212-6582 office 770-322-6583 fax , [telephone number of Design/Builder]

1234567 [federal taxpayer identification number]

having carefully examined the site of the Project and the Owners Criteria, and having carefullyexamined the proposed form of Contract For Fixed Price Design And Construction Services(Agreement) and the Owners standard forms and other documents included in the Request forProposals and any Addenda thereto, and having carefully examined the Representative QualitySchool referenced in the Request for Proposals, for Project No. 421-XXX Sample HS HVAC,Ceiling, Lighting Renovations & Roof Replacement, proposes and agrees, if this proposal isaccepted, to enter into a contract with the Owner in the exact form provided in the Request forProposal and to perform the Design Services and the Work including all services, supervision,labor, equipment and material in conformance with the Contract Documents, in the time statedtherein, for the Contract Price set forth below, and submits the following proposedcompensations and fees and other matters set forth below:

a. Design/Builders proposed Contract Price, this amount being the amount to include in Article

10 of the Agreement is Five Million Six Hundred Forty-Five Thousand dollars

($5,645,000.00).

b. Design/Builders proposed percentage of the Contract Price to be allocated to Design

Services, this percentage being the percentage to include in the first set of blanks in Article

11, Paragraph (B) of the Agreement is Four percent ( 4 %).

c. Design/Builders proposed percentages for Design Services milestones to be applied to the

Design Services Allocation, these being the percentages to be included in Article 11,


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Fixed Price Design & Constriction Proposal Project Name: Sample HS HVAC, CeilingDeKalb County Board of Education Lighting Renovations & Roof Replacement

Page 2 of5 Project No. 421-XXXRFP Date: Month XX, 2009

01.2009 2

Paragraph (C) of the Agreement are:

Preliminary Consultation, Project Analysis, and Report Five percent ( 5 %)

Submittal to Department of Education of Department

of Education Preliminary Submittal Ten percent ( 10 %)

Preliminary Design Twenty percent ( 20 %)Submittal to Department of Education of

Department of Education Check Set Ten percent ( 10 %)

Detailed Design Thirty percent ( 30 %)

Permit issuance Five percent ( 5 %)

Duties, Obligations and Responsibilities Twenty percent ( 20 %)

during Construction

d. Design/Builders proposed percentage of the Contract Price to be allocated to the Work, thispercentage being the percentage to include in the second set of blanks in Article 11,

Paragraph (B) of the Agreement is Four percent ( 4 %)

e. Design/Builders proposed calendar day durations for the completion of the preliminary

consultation and project analysis report, Article 4, Paragraph (B) Fifteen ( 15 ) days; the

completion of the Preliminary Design, Article 5, Paragraph (A) Sixty ( 60 ) days; the

completion of the Detailed Design, Article 6, Paragraph (A) One Hundred Twenty (120)

days; and the substantial completion of the Work, Article 8, Paragraph (B) Three Hundred

Sixty Five (365) days. A proposed design and construction schedule indicating the overall

project duration and showing the interrelationship of all design and construction activities is

attached hereto and incorporated herein by reference.

f. Design/Builders proposed design Subcontractors for the disciplines stated, these being the

Subcontractors to include in the blanks in Article 15, Paragraph (C) of the Agreement (if any

one or more of the following design disciplines will be self performed by the Design/Builder,

do not leave blank, but state self performed and state the name of the licensed engineer

employed by Design/Builder who will be responsible for such design discipline):Architectural: J. L. Architecture Civil: Civil Design Group

Structural: Mark & Sons Structural Engineers

Mechanical: Tyson Engineers

Electrical: Tyson Engineers

Plumbing: Tyson Engineers

The Design/Builder understands that the Owner reserves the right to reject any or all

Proposals, and to waive any technicalities or informalities.


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01.2009 3

The Design/Builder agrees that this Proposal may not be withdrawn for a period of sixty

(60) calendar days after the date and time fixed for receiving said Proposals.The undersigned Design/Builder agrees that if it is notified in writing by mail, telegraph,

facsimile or hand-delivery of the acceptance of this Proposal, via Notice of Award or otherwise,within sixty (60) calendar days after the date and time fixed for receiving said Proposals, theundersigned Design/Builder will execute, within three (3) business days of the date of the notice,a contract for the Design Services and the Work in accordance with the Request for Proposal inthe exact form provided therein for the Contract Price amount stated above, and at that time willfurnish and deliver to the Owner, at the Design/Builders expense, a satisfactory PerformanceBond and Payment Bond, both on the exact forms provided in the Request for Proposal andeach in an amount equal to one hundred percent (100%) of the Contract Price, and affixed toeach a certified and current power of attorney of the attorney-in-fact who executes the

Performance Bond and the Payment Bond on behalf of the surety, and each issued by a suretysatisfactory to the Owner and licensed to do business in Georgia as approved by the StateInsurance Commissioners Office.

The undersigned Design/Builder agrees to commence the Design Services under the

Owners form of contract within five (5) days (or sooner if possible) after its receipt of a writtenNotice to Proceed from the Owner.

The undersigned Design/Builder hereby acknowledges receipt of the following Addenda:[insert the number and date of each Addendum; if none, insert "None"]

Addendum #1 dated Month x, 2009 and Addendum #2 dated Month x, 2009By submission of the Proposal, Design/Builder represents and warrants that:

(a) Design/Builder has read and understands the Proposal Documents and the Proposal

is made in accordance therewith;(b) Design/Builder has read and understands the bidding or proposal documents or

contract documents for other portions of the Project, if any, being bid or offeredconcurrently or presently under construction, to the extent that such documentationrelates to the Design Services or the Work for which the Proposal is submitted;

(c) Design/Builder has visited, examined and inspected the site of the Project, obtainedfirst hand knowledge of existing conditions, the conformation of the ground, thecharacter, quality and quantity of the products needed preliminary to and during theprosecution of the Work, the general and local conditions and all other matters which

can in any way affect the Work to be done under the Contract, and becomethoroughly familiar with all conditions under which the Work is to be performed andhas correlated all the Design/Builders personal observations and any other facts orconditions that are known to or reasonably knowable by the Design/Builder with therequirements of the Proposal Documents, including without limitation the proposedContract Documents;

(d) the Proposal is based upon furnishing all of the Design Services and the Work,including services, supervision, labor, materials, equipment, systems, warranties andother things required by the Proposal Documents; and

(e) all facts stated in the Proposal are true and correct.


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01.2009 4

By submission of this Proposal, the Design/Builder certifies that this Proposal has been

derived independently, without consultation, communication or agreement as to any matterrelating to this Proposal with any other design/builder or with any competitor. TheDesign/Builder hereby certifies that this Proposal is made without prior understanding,agreement or connection with any corporation, firm or person submitting a proposal for the sameProject and is in all respects fair and without collusion or fraud. If successful in its Proposal, theDesign/Builder will timely submit to the Owner the Offerors and Individuals Affidavit ofNoncollusion and the Subcontractors Affidavit of Noncollusion in the form, manner and number,required by the Request for Proposals and applicable laws. The Design/Builder agrees to abideby all conditions of the Request for Proposal.

Respectfully submitted,

ABC Construction Company, Inc.[typed name of Design/Builder]

By: __________________________________[seal][signature]

John Doe, Owner [typed name and title]

123 Montreal Road, Suite 1750Stone Mountain, GA 30083

[address of Design/Builder]

(770)322-6582 [business telephone number]

Month XX, 2009[date of execution]

[If the Design/Builder is a joint venture, utilize the following page of this proposal form forsignatures.]


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01.2009 5

By submission of this Proposal, the Design/Builder certifies that this Proposal has beenderived independently, without consultation, communication or agreement as to any matter

relating to this Proposal with any other design/builder or with any competitor. TheDesign/Builder hereby certifies that this Proposal is made without prior understanding,agreement or connection with any corporation, firm or person submitting a proposal for the sameProject and is in all respects fair and without collusion or fraud. If successful in its Proposal, theDesign/Builder will timely submit to the Owner the Offerors and Individuals Affidavit ofNoncollusion and the Subcontractors Affidavit of Noncollusion in the form, manner and number,required by the Request for Proposals and applicable laws. The Design/Builder agrees to abideby all conditions of the Request for Proposal.

Respectfully submitted ________________________________________________________,

[typed name of Joint Venture]

By: _________________________________[typed name of Joint Venture partner]


__________________________________________[typed name and title]

__________________________________________[address of Joint Venture partner]

(_____)____________________________________[business telephone number]

__________________________________________

[date of execution]

By: __________________________________

[typed name of Joint Venture partner]


__________________________________________[typed name and title]

__________________________________________[address of Joint Venture partner]

(_____)____________________________________[business telephone number]

__________________________________________[date of execution]

Design Build Fixed Price Proposal Form

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